How many legal risks are hidden behind buying a house with a full payment of 10000 yuan? Lawyer breaks down the five traps of buying a house at a low price
Lead
Recently, the topic of "buying a house with a full payment of 10000 yuan and young people starting to retire early" has continued to ferment on social media platforms. The protagonists of the story are mostly young people who flee from first tier cities. They buy a house of several tens of square meters for one or two thousand yuan in small towns in Northeast China, southwestern border areas, or resource depleted cities, and then rely on remote order taking or deposit interest to maintain a low desire life. From a sociological perspective, this is a "foot vote" by young people towards high housing prices; But from a legal perspective, buying a house at a low price is never as simple as "paying and delivering". As a lawyer in the real estate field who has been practicing for many years, what I see is not a romantic "early retirement", but a series of legal obstacles that may leave homebuyers penniless.
1、 The original sin of property rights in low-priced houses: why can they be so cheap?
In a normal commodity housing market, prices are determined by location, supporting facilities, and supply and demand. When a house is priced as low as 10000 yuan, it usually means that it is not a standard commodity house at all. According to Article 209 of the Civil Code, the establishment, alteration, transfer, and termination of real estate rights shall only take effect after being registered in accordance with the law. In other words, signing a contract, paying money, and taking the keys do not necessarily mean that you truly own the property rights of this house.
In practice, such low-priced houses are commonly found in the following situations: firstly, shantytown resettlement houses and resettlement houses have not yet obtained complete property rights, and the homeowners only have one demolition and resettlement agreement, making it impossible to handle the transfer of ownership; Secondly, houses with small property rights are built on collective land. According to Article 63 of the Land Management Law, there are strict restrictions on the entry of collective commercial construction land into the market. Contracts for non members of the collective economic organization to purchase houses on homesteads are often deemed invalid in judicial practice; Thirdly, old public housing in resource depleted cities has lost its property ownership units, incomplete housing archives, and no way to transfer ownership.
Many young people are blinded by the idea of "paying 10000 yuan in full" and sign a handwritten agreement thinking everything is fine. Only when I wanted to transfer ownership, settle down, or take out a mortgage did I realize that what I had bought was only a "right of residence", and even the right of residence could be overturned by the real rights holder or demolition party at any time.
2、 Is the contract signed for nothing? Three typical situations of invalid contracts
Articles 143 to 154 of the Civil Code stipulate the system of effectiveness of civil legal acts. In the scenario of buying a house at a low price, the risk of contract invalidity is much higher than ordinary people imagine.
The first type is to violate mandatory provisions of laws and administrative regulations. The transaction of small property rights houses is a disaster area. The Notice of the General Office of the State Council on Strictly Implementing the Laws and Policies on Rural Collective Construction Land clearly prohibits urban residents from purchasing homesteads, farmer's residences, or small property rights houses in rural areas. When the court hears such disputes, it usually determines that the contract is invalid based on Article 153 of the Civil Code, and the buyer can only demand a refund of the purchase price, without compensation for decoration, moving, or opportunity costs.
The second type is malicious collusion that harms the legitimate rights and interests of others. Some low-priced houses are jointly owned by husband and wife, and one party secretly sells them without telling their spouse; Some inherit undivided property, and one inheritor disposes of it without authorization. According to Article 301 of the Civil Code, the disposal of jointly owned real estate shall require the consent of two-thirds or more of the co owners or all co owners. The effectiveness of the contract may be uncertain due to the lack of authority to dispose of it, and it may ultimately be recovered by the true rights holder.
The third method is to cover up illegal purposes in a legal form. For example, the name 'buying and selling' is actually a loan guarantee, or avoiding the purchase restriction policy through 'using houses to offset debts'. Once such contracts are penetrated and reviewed by the court, not only will the sale be invalid, but there may also be a risk of false litigation.
In legal practice, we often encounter clients consulting with a flawed purchase agreement, which cannot even clearly state the location, area, and property ownership certificate number of the house. Even if such a contract is valid, there are constant disputes when it comes to performance.
3、 Residential risks of early retirement: eviction, demolition, and neighboring rights
Even if the homebuyer gets lucky enough to move in, it doesn't mean they can rest assured. Low priced houses often come with complex living environments.
One is the risk of eviction. If the original property unit or local government initiates shantytown or old house renovation, and the real property owner appears with a compensation agreement, it is difficult for the buyer, as the "actual resident", to obtain resettlement qualifications. According to the Regulations on the Expropriation and Compensation of Houses on State owned Land, the compensation object is the owner of the expropriated house, not the actual occupant. The 10000 yuan you paid is not even a small fraction in terms of compensation for expropriation.
The second is disputes over neighboring rights. There are common problems such as illegal construction, occupation of passages, and obstruction of lighting in old residential areas. There are also many cases of neighbors fighting over a wall or a drainage ditch. Articles 288 to 296 of the Civil Code provide systematic provisions for adjacent relationships, but the cost of safeguarding rights is often higher than the value of the house itself.
The third is property and water and electricity transfer. Many low-priced houses owe years of property and heating fees, and their water and electricity bills are still under the original owner's name. Buyers only realize after moving in that they not only have to pay historical arrears, but may also be cut off from water and electricity due to the original homeowner's debt issues. These hidden costs, combined, may far exceed the purchase price.
4、 Lawyer's advice: Four things that must be done before buying a low-priced house
If you are indeed attracted by low-priced houses and decide to sell, please be sure to complete the following legal actions before payment.
Firstly, conduct a search. Go to the real estate registration center to retrieve the ownership certificate, mortgage situation, and sealing situation of the house. Unable to see the original property ownership certificate, resolutely refuse to make payment. If the other party only has a resettlement agreement or a purchase contract, they are required to provide the original demolition compensation agreement, payment vouchers, and identification documents.
Secondly, nuclear land. Confirm whether the nature of the land is state-owned transfer, state-owned allocation, or collective land. Houses on collective land, purchased by non members of the collective, have almost no legal transfer path. Do not trust verbal promises of "future regularization".
Thirdly, review the contract. Do not use templates downloaded from the internet, and do not simply write a few lines by hand. The contract should specify the basic information of the house, property rights status, payment milestones, transfer period, breach of contract liability, and dispute resolution methods. According to Article 577 of the Civil Code, the breach of contract liability clause is the core basis for future claims.
Fourth, leave evidence. Please indicate "purchase price" in the transfer remarks and keep the chat records, receipts, and original agreement. Once a dispute arises, these are the key to proving the authenticity of the transaction.
From a more macro perspective, "buying a house with a full payment of 10000 yuan" reflects regional economic differentiation and young people's anxiety about asset allocation. The law cannot prevent you from pursuing a low-cost lifestyle, but it can help you avoid jumping from one pit to another. The real estate and construction engineering team of Guangdong Zhiming Law Firm has been dealing with second-hand housing sales, disputes over small property rights houses, and compensation for demolition and resettlement for a long time. If you are considering buying a house at a low price in a different location or have already fallen into a property rights dispute, it is recommended to have a professional lawyer conduct due diligence before signing the contract. This consulting fee may be more valuable than the house price you have saved.
